North Dakota labor laws in one place: the minimum wage is $7.25, after 40 hours in a workweek at 1.5 times the regular rate, 30 minutes, if desired, on each shift exceeding 5 hours when two or more employees are on duty, no paid sick leave is required, and the final paycheck is due regular payday already established by the employer for the period worked (no accelerated deadline);
by… if you are fired.
This guide gives the exact north dakota labor laws rule with the date we verified it, the statute, and what to do next. Rules verified against North Dakota Department of Labor and Human Rights on 2026-10-08; confirm the current rule with North Dakota Department of Labor and Human Rights or an attorney before you rely on it.
North Dakota Labor Laws at a Glance
| Minimum wage | $7.25 |
| Overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Meal break | 30 minutes, if desired, on each shift exceeding 5 hours when two or more employees are on duty |
| Paid sick leave | No state mandate |
| Final paycheck if fired | Regular payday already established by the employer for the period worked (no accelerated deadline); by certified mail… |
| PTO paid out | Yes — accrued vacation must be paid out |
| Non compete | Banned — employee non competes are void |
| Right to work | Yes |
| At-will | Yes |
In This North Dakota Labor Laws Guide:
- Labor Laws: Minimum Wage and Overtime
- Labor Laws: Breaks and Lunch
- Labor Laws: Hours Worked, 12-Hour…
- Labor Laws for 16 and 17 Year Olds
- Labor Laws: Sick Leave and PTO
- Labor Laws: Final Paycheck
- Labor Laws: Non Compete, Right to Work…
- Labor Laws: Required Posters
- Other Labor Laws to Know
- FAQ
- Official Sources
North Dakota Labor Laws: Minimum Wage and Overtime
The minimum wage is $7.25. After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in North Dakota — only the weekly total counts.
North Dakota Labor Laws: Breaks and Lunch
30 minutes, if desired, on each shift exceeding 5 hours when two or more employees are on duty. No North Dakota law requires paid rest breaks; under the federal FLSA any short break of 5 to 20 minutes an employer does give must be paid.
North Dakota Labor Laws at a Glance
Rules verified against North Dakota Department of Labor and Human Rights on 2026-10-08; confirm the current rule with North Dakota Department of Labor and Human Rights or an attorney before you rely on it. The statute row is where to check it yourself.
| Minimum wage | $7.25 |
| Overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Meal break | 30 minutes, if desired, on each shift exceeding 5 hours when two or more employees are on duty |
| Paid sick leave | No state mandate |
| Final paycheck if fired | Regular payday already established by the employer for the period worked (no accelerated deadline); by certified mail… |
| PTO paid out | Yes — accrued vacation must be paid out |
| Non compete | Banned — employee non competes are void |
| Right to work | Yes |
| At-will | Yes |
North Dakota Labor Laws: Hours Worked, 12-Hour Shifts and Days of Rest
North Dakota law generally does not cap shift length or ban mandatory overtime for adult workers, including 12-hour shifts. The state’s working-hours limits mainly protect minors under 16, so adults should check their employer’s policy or any union contract and confirm with the state agency.
North Dakota Labor Laws for 16 and 17 Year Olds
North Dakota’s hour limits under N.D.C.C. chapter 34-07 apply to workers under 16, so 16- and 17-year-olds generally have no state limit on daily or weekly hours. They still cannot do hazardous work unless they are student learners in an approved career and technical program or registered apprentices, and the state uses the U.S. Department of Labor’s list of hazardous jobs.
North Dakota Labor Laws: Sick Leave and PTO
No North Dakota law requires paid sick leave; the employer’s own policy or a union contract controls, and the federal FMLA gives up to 12 weeks of unpaid, job-protected leave at employers of 50 or more.
Once paid time off is made available, any unused portion is wages at separation and no policy may forfeit it; a private employer may withhold it only on a voluntary quit under the three written-notice conditions in 34-14-09.2 (less than one year of service, notice at hiring, less than two weeks’ notice).
North Dakota Labor Laws: Final Paycheck
Regular payday already established by the employer for the period worked (no accelerated deadline); by certified mail if you ask if the employer ends the job; next regular payday — the same rule as a discharge if you quit.
Penalty: if the employer misses the deadline, you may charge your contract wage for every day of default, up to 30 days (34-14-03), plus interest; double or treble damages for a repeat violator (34-14-09.1).
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North Dakota Labor Laws: Non Compete, Right to Work and At-Will
North Dakota voids any contract that restrains a person from exercising a lawful profession, trade or business, which makes employee non competes unenforceable; the only exceptions are for the seller of a business’s goodwill and for partners, members or shareholders on a dissolution or the sale of an ownership interest.
Yes — North Dakota is a right-to-work state: you cannot be required to join a union or pay union dues or fees to get or keep a job, though a union contract still covers you. North Dakota is an at-will state: either side may end the job at any time for any lawful reason.
North Dakota Labor Laws: Required Posters
North Dakota employers generally must post the state minimum wage and work conditions notice, the North Dakota Human Rights Act notice, the workers’ compensation (WSI) notice and the Job Service North Dakota unemployment insurance notice. Federal posters also apply, including the FLSA minimum wage, OSHA, EEO, USERRA and, for covered employers, FMLA.
Other North Dakota Labor Laws to Know
North Dakota’s Minimum Wage and Work Conditions Order (N.D. Admin. Code 46-02-07) generally requires a 30-minute meal break on shifts over 5 hours when two or more employees are on duty. The meal break can be unpaid only if the worker is fully relieved of duty, and the employee may agree to waive it.
The state does not require short rest breaks, but if an employer offers them, they must be paid.
Every rule on this page has its own guide — and the wage-claim agency enforces most of them for free.
North Dakota — the bottom line
- North dakota labor laws start with the minimum wage ($7.25) and overtime after 40 hours in a workweek at 1.5 times the regular rate.
- Under north dakota labor laws the final paycheck, breaks and sick leave each have a rule with a date — the links on this page go to each one.
- North dakota labor laws are enforced mostly by a free wage claim; the attorney question arises only for wrongful termination and non competes.
Frequently Asked Questions
What is the minimum wage under North Dakota labor laws?
$7.25.
When is overtime owed under North Dakota labor laws?
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in North Dakota — only the weekly total counts.
Are breaks required under North Dakota labor laws?
30 minutes, if desired, on each shift exceeding 5 hours when two or more employees are on duty.
Is paid sick leave required under North Dakota labor laws?
No state mandate.
When is my final paycheck due under North Dakota labor laws?
Regular payday already established by the employer for the period worked (no accelerated deadline); by certified mail if you ask.
Official North Dakota Sources & Resources
- North Dakota Department of Labor and Human Rights: https://www.nd.gov/labor/wage-hour
- North Dakota statute (N.D. Cent. Code 34-14-03): https://www.ndlegis.gov/cencode/t34c07.pdf
- Verified source: https://ndlegis.gov/cencode/t34c14.pdf
- Verified source: https://ndlegis.gov/api/assembly/57-2001/regular/bill-text/bqum0200.pdf
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This north dakota labor laws guide was last verified against official North Dakota sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More North Dakota Workplace Rights Guides
- North Dakota Overtime Laws: Threshold, Rate and Exemptions
- North Dakota Break Laws: Meal and Rest Breaks
- North Dakota Sick Leave Law: Accrual and Caps
- North Dakota Final Paycheck Law: Deadlines and Penalties
- North Dakota PTO Laws: Is Unused Vacation Paid Out?
- North Dakota Non Compete Law: Is Yours Enforceable?
- North Dakota At Will Employment Law: The Exceptions
- North Dakota Right to Work: What It Means for You
- North Dakota Unemployment Benefits: How Much and How Long
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.